Settled Land Act Amendment Act 1909 (WA)

WESTERN AUSTRALIA.

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ANNO NONO

EDWARDI SEPTINI REGIS,

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No. 49 of 1909.

AN ACT to amend the Settled Land Act, 1892.

[Assented to 21st December, 1909.1

BE it enacted by the King's Most Excellent Majesty, by andLegislative Assembly of Western Australia, in this present Parlia-with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Settled Land :let Amendment short til l

Act, 1909, and shall be read as one with the Settled Land Act of

1892, hereafter referred to as the principal Act.

2, The Court may, in any case where it appears proper, make an order directing or authorising• capital money to be applied in

Court may order

payment for iim-

provements

or towards payment for any improvement authorised by the prin-

executed.

cipal Act, notwithstanding that a scheme was not, before the

See 53 and 54 Viet

execution of the improvement, submitted for approval, as required

e. 69. s. 15.

by the principal Act, to the trustees of the settlement or to the

Court.

3. (1.) Subject to the provisions of the principal Act, where Power to raise

money is required for the purpose of discharging an encumbrance	money by Mort-
on the settled land or part thereof, or for the purpose of paying	gage.
See 53 and 54 Viet
for any improvements authorised by the principal Act, the tenant	0.69, s. It.
for life may raise the money so required, and also the amount pro- perly required for payment of the costs of the transaction, on mort- gage of the settled land, or of any part thereof, by conveyance of

1909, No. 49.] Settled Land Act—Amendment. [9 EDW. VII.

the fee simple or other estate or interest the subject of the settle- ment, or by creation of a term of years in the settled land, or any part thereof, or otherwise, and the money so raised shall be capi- tal money for that purpose, and may be paid or applied accord- ingly.

(2.) Encumbrance in this section does not include any annual sum payable only during a life or lives or during a term of years absolute or determinable.

By Authority : Gowns, Acting Government Printer, Perth.